Abstract
During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’.
Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.
Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.
| Original language | English |
|---|---|
| Publisher | University of Bristol Press |
| Number of pages | 316 |
| ISBN (Electronic) | 978-1529212006 |
| ISBN (Print) | 978-1529211993 |
| Publication status | Published - 29 Mar 2022 |
Publication series
| Name | Law, Society, Policy |
|---|---|
| Publisher | Bristol University Press |
Research Groups and Themes
- Ageing Futures
- Health and Wellbeing
- Centre for Health, Law and Society
- SPS Centre for Research in Health and Social Care
- SPS Norah Fry Centre for Disability Studies
Keywords
- human rights
- Social Care Detention
- Deprivation of liberty
- Mental Health Act 1983
- Convention on the Rights of Persons with Disabilities
- Socio-legal studies
- Mental Capacity Act 2005
